A birth injury can completely change a family’s life forever. Parents may be left facing unexpected financial expenses on top of immense emotional distress and lifelong challenges for their child, just to name a few examples of the potential consequences. If your baby was harmed during labor and delivery in Georgia, know that you may be able to file a legal claim against those who were responsible.
Below are answers to some of the most frequently asked questions about Georgia cases and how a birth injury lawyer can help your family pursue justice and meaningful compensation.
What Is a Birth Injury?
A birth injury, or birth trauma, is any type of harm a baby and/or the birthing mother suffers before, during, or soon after delivery. These injuries can happen when complications arise during labor, for example, or when a medical provider fails to act safely. In some cases, the improper use of tools and other kinds of medical mistakes by healthcare providers may also play a role.
Common examples include:
- Cerebral palsy
- Brachial plexus injuries (such as Erb’s palsy)
- Brain damage from oxygen deprivation
- Skull fractures
- Nerve damage
- Shoulder dystocia
- Hypoxic-ischemic encephalopathy (HIE)
Not all birth injuries are preventable, but many happen because medical professionals failed to act appropriately under the circumstances in some form or fashion.
What Causes Birth Injuries in Georgia?
Most birth injuries result from medical negligence. Doctors, nurses, and hospitals must meet specific standards of care when treating patients. When they fail to meet these standards, serious harm can occur.
Common causes include:
- Failure to monitor fetal distress
- Delayed C-section despite warning signs
- Improper use of forceps or vacuum extractors
- Medication errors during labor
- Oxygen deprivation
- Mishandling shoulder dystocia
- Poor response to umbilical cord problems
If a medical provider’s actions or inaction caused your child’s injuries, you may be entitled to file a birth injury claim against them as well as the facility they work for.
How Do I Know if My Child’s Birth Injury Was Caused by Medical Negligence?
It can be challenging to determine immediately whether a doctor or hospital made an error. Medical providers rarely admit fault on their own, and the cause of a birth injury isn’t always apparent.
An experienced birth injury lawyer can review all of the available medical records, consult with experts, and investigate what happened during labor and delivery.
Signs that negligence may have occurred include:
- Unexpected complications during delivery
- Low Apgar scores
- Seizures or difficulty breathing after birth
- Developmental delays
- The hospital’s refusal to discuss what went wrong
An attorney can help you determine whether you have a valid case and who may be legally responsible during a free initial consultation.
Who Can Be Held Liable for a Birth Injury?
More than one party can be responsible for a birth injury.
Depending on the facts of your case, potential defendants may include:
- The delivering obstetrician and attending physician
- Nurses and other delivery staff
- The hospital or birthing center
- Anesthesiologists and other specialists
- Medical equipment manufacturers
Under Georgia law, employers can also be held vicariously liable for the actions of their employees. For example, if a hospital employee made the error that caused your child’s injuries, the hospital itself could share responsibility.
What Compensation Can I Recover in a Birth Injury Claim?
Families affected by birth injuries may be entitled to recover compensation for both financial and emotional losses.
Depending on the case, recoverable economic and non-economic damages may include:
- Medical bills, surgeries, and rehabilitation
- Future care and therapy costs
- Specialized equipment or home modifications
- Lost wages if a parent has to stop working
- Pain and suffering
- Emotional distress
- Loss of quality of life
In rare cases involving extreme negligence or misconduct, punitive damages may also be awarded to punish the wrongdoer.
How Long Do I Have to File a Birth Injury Lawsuit in Georgia?
In Georgia, most medical malpractice claims, including birth injury cases, must be filed within two years of the date the injury occurred or was discovered.
However, special rules apply to minors. If the injury occurred at birth, parents may file a claim on the child’s behalf until the child’s seventh birthday in most cases. Additionally, Georgia’s statute of repose sets a firm deadline of five years from the date of the negligent act, even if the injury wasn’t discovered until later.
These rules can be complicated, so it’s best to contact a lawyer as soon as possible. Missing the applicable deadline for your case can prevent your family from ever recovering compensation.
How Can a Georgia Birth Injury Lawyer Help?
Birth injury cases are especially complex and have legal requirements that other kinds of cases don’t, such as an affidavit of merit from a qualified medical expert. A skilled attorney can handle all aspects of your legal claim so that you can focus on caring for your child.
Your lawyer can:
- Investigate the cause of your baby’s injury
- Collect medical records and expert opinions
- Identify all of the liable parties
- Calculate your family’s damages
- Handle all the communications and settlement negotiations on your behalf
- File a lawsuit and take your case all the way to trial if necessary
Having experienced legal representation on your side can make all the difference in securing the resources your child will need throughout their life.
Contact the Atlanta Birth Injury Attorneys at Georgia Baby Safety for Help Today
If your baby suffered a preventable injury during childbirth, you deserve as much compensation as you’re entitled to recover under the law. A knowledgeable Atlanta birth injury lawyer with Georgia Baby Safety can help you understand your rights and fight for the best possible result for you and your loved ones.
Contact us today at 404-995-6033 to get started with a free consultation and learn more about your best course of action.